辩诉交易移植中国

指出辩诉交易制度在美国被广泛适用,但在理论界,是非之争非常激烈。辩诉交易无疑有利于提高诉讼效率,但却存在着损害司法公正之忧。大量的犯罪案件与有限的司法资源的矛盾,是我国与美国同样面临的问题,对辩诉交易制度进行理性移植是务实的选择。我国若要移植辩诉交易,就必须在刑事司法制度上进行相应的调整,建立具有中国特色的辩诉交易模式。     

浅析和谐社会视域中犯罪的社会对策

当前我国提出了建设和谐社会的奋斗目标,犯罪社会对策作为构建和谐社会的犯罪对策体系的重要组成部分,是解决犯罪问题的治本之策。分析了犯罪社会对策的概念及其特征,探讨了人类社会对犯罪社会对策认识与研究的历史,提出并论证了和谐社会犯罪社会对策应具有的功能。     

少数民族犯罪社会控制论

本文将犯罪社会控制分为国家本位与社会本位两种形态,认为我国的犯罪控制必将实现由国家本位向社会本位的转型:刑事政策需要调整、重视非刑法规范的功能、倡导社会而非政府主导。论文认为中国少数民族犯罪的社会控制必须适应这种转型,尊重民族政策、关注民族因素,并提出社会控制转型的若干对策。     

‘Community fear and harassment’: learning difficulties and hate crime incidents in the north-east of England

The aim of this study is to examine the relationship between impairment, disabling barriers and risk factors relating to hate crime incidents. The study analyses quantitative data collected in 2011–2012 where there were 81 incidents of disability hate crime reported in the Tyne and Wear area of England. The research discovered that in the Tyne and Wear region people with learning difficulties have a greater likelihood of experiencing hate crime than do people with other impairments. Although there was no significant difference between impairment and types of hate crime incidents recorded (i.e. verbal abuse/harassment, violence and criminal damage), there were distinct differences between police and victim support responses to victims which correlated to impairment categories (p ≤ 0.05). The study concludes by suggesting that owing to specific disabling barriers experienced by people with learning difficulties, this group is at increased risk of being victimised and is less likely to receive support from criminal justice agencies.     

The Sliding Scale of Snitching: A Qualitative Examination of Snitching in Three Philadelphia Communities

We conducted an in‐depth interview study with 77 young men in three moderate to high‐crime neighborhoods in Philadelphia to hear their stories about community violence and relations with police. In this article, we have analyzed how Latino, African‐American, and white young men experience policing and how they discuss the guidelines around cooperation with the police and what they view as snitching. Contrary to popular perception, talking to the police is not always banned in poor or high‐crime neighborhoods. Instead, the respondents present a variety of personal rules that they use to assess when cooperation is called for. We argue that the policing they experience within disadvantaged neighborhoods shapes their frame of legal cynicism, which in turn makes decisions not to cooperate with the police more likely.     

Lethal Policing: Making Sense of American Exceptionalism

Thanks to the creation of a national database of police killings, the social distribution, causes, and consequences of police violence are finally amenable to analysis. This article focuses on why the rate of police killings in the United States towers over that in other industrialized nations. Elevated police lethality is deeply rooted in two distinctive aspects of American society and culture. Police violence is both a tool and product of strategies to maintain racial segregation and inequality. However, racism cannot explain the fact that police lethality is greatest in states where African Americans are least prevalent. Elevated police killings are also rooted in America's prevailing ideology (and mythology) of self‐reliance and limited government. Neoliberal ideology helped some politicians cut gaping holes in the social safety net, leaving ill‐equipped and fearful police officers to deal with desperate people who lack adequate treatment and support, yet who have easy access to weapons. It also limits the legislative and regulative authority that centralized policy actors exert over policing. Nevertheless, police overreliance on deadly force is increasingly understood as a national problem requiring large‐scale solutions.     

First Nations youth redefine resilience: listening to artistic productions of ‘Thug Life’ and hip-hop

In recent decades, resilience research has striven to atone for the Eurocentric nature of research conducted with Canada's Aboriginal populations. It has been cautioned, however, that if resilience research fails to account for Aboriginal population's diversity, it risks culturalized images and pan-Aboriginalism. Definitions of resilience should be framed within community-specific models, recognizing dynamic subjects interacting in multiple social worlds. In partnership with six Saskatchewan First Nations communities, our work seeks to understand what resilience means to youth who live on-reserve. We draw on findings from two community-based projects developed with the Battleford Agency Tribal Chiefs First Nations. These projects used arts-based and mixed-methods to identify community strengths and barriers surrounding youth resilience. Although study findings show the influence of family, programming, and culture, our model is emended to show the importance of youth's own definitions of resilience, even when these may appear antithetical to conventional norms. Drawing on the youth's artistic pieces, evolving themes focus on hip-hop culture and Thug Life; showing youth creating a place to belong when they are experiencing a lack of belonging. Within the framework of listening to youth-driven resilience, we put forward an alternative model of reaching youth using positive elements of Thug Life and hip-hop.     

论洗钱罪的犯罪构成要件

洗钱罪侵犯的客体是司法管理制度和金融管理制度,主要是司法管理制度。洗钱罪的上游犯罪应该扩大到任何有非法所得及收益的犯罪,洗钱罪的主体也应该扩大到包括上游犯罪人在内,洗钱罪的主观方面应包括间接故意。     

会计信息失真法律成因初探

会计信息失真是指会计信息不能真实地反映会计主体实际的经营业绩和财务状况.失真的会计信息不能客观的反映会计主体经济活动的实际情况,不但失去了其价值,还将导致错误的经济决策,给信息使用者乃至国家造成重大损失.关于造成会计信息失真的原因,目前我国会计法律责任体系中,着重规定了行政责任和刑事责任,而民事法律责任制度的缺位是会计信息失真的一个重要法律原因.     

罪数论的体系性反思与建构

罪数论肩负解决罪数的判定基准及其处罚原则的双重任务.其中,罪数的处罚原则是本源问题,罪数的判定基准是衍生问题.罪数判断的实质是检视行为事实与犯罪构成是否相符合的过程,因而应以犯罪构成为基准,且重在行为要素的判断.确定罪数的处罚原则应遵循罪刑均衡原则,坚持一罪一罚,数罪数罚,但对数额犯等个别罪数类型,出于诉讼效益考虑,可以采用累计处理方式.确定罪数的具体类型,便于对行为事实之罪数的判定,因而应以行为事实之结构类型为标本,同时结合认知必要性及法之合理规范.